PAIA Judgments and Cases

You need to be aware of and potentially take action when the courts hand down PAIA judgments or PAIA cases. We continually monitor and provide plain-language summaries of all PAIA judgments or PAIA cases. Our summaries highlight the actions you may need to take in response. We do all the hard work for you, saving you time.

What PAIA judgments or cases?

Essentially, we monitor and summarise any judgments that apply to the Promotion of Access to Information Act (PAIA).

Only some of the judgment summaries are linked below. To read all previous judgment summaries and be alerted to future ones, join the Michalsons access to information programme. If you are a member and you are logged in, you will be able to view the public as well as the “Members only” judgments.

Leuvennink v CAA

In Leuvennink v CAA, the deceased pilot's wife sought access to airplane crash records to establish the accident's cause. However, the Civil Aviation Authority (CAA) refused access, citing the unavailability of records and adherence to regulations and an aviation convention. [...]

By |2024-03-27T10:25:54+02:00July 31st, 2023|Categories: Access to Information|Tags: , , |
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Strategic Partners Group v The Liquidators of Ilima Group

In Strategic Partners Group (Pty) Ltd ("SPG") v The Liquidators of Ilima Group (Pty) Ltd ("LIG"), the case revolved around SPG's attempts to limit the liquidators' access to documents required for LIG to evaluate and dispose of Ilima's shareholding in [...]

By |2024-03-26T09:46:27+02:00March 24th, 2023|Categories: Access to Information|Tags: |
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Elite Plumbing v Casper Le Roux Attorneys

In Elite Plumbing v Casper Le Roux Attorneys, Elite Plumbing sought an order from the court ordering Casper Le Roux Attorneys to furnish it with information sought in two requests for information. The application was made in terms of section [...]

By |2024-07-30T09:33:54+02:00March 6th, 2023|Categories: Access to Information|Tags: , , |
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Minister of State Security v Makwakwa

In Minister of State Security v Makwakwa, the court prevented Makwakwa from publishing a classified intelligence report on any medium or platform. The court took a "judicial peek" at the report titled "US interest in ANC party dynamics". The judge [...]

By |2024-02-19T14:53:06+02:00October 5th, 2022|Categories: Access to Information|Tags: , |
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Smuts v Department of Economic Development

In Smuts v Department of Economic Development (Department), the Landmark Foundation Trust (the Foundation) won the right to access the Department's records. The court ordered the Department to hand over all records of applications and permits issued to individuals allowing [...]

By |2022-12-22T10:40:59+02:00July 26th, 2022|Categories: Access to Information, POPI and Data Protection|Tags: , |
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Goosen-Joubert v Women4Women NPC

In Goosen-Joubert v Women4Women NPC the court granted Ms Goosen-Joubert, a former Mrs SA, access to Women4Women's financial statements and records. Women4Women is a non-profit organisation and a partner to the Mrs South Africa pageant. The court held that Ms […]

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By |2022-06-01T10:26:15+02:00May 16th, 2022|Categories: Access to Information|Tags: , |
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Tiso Blackstar v Steinhoff

In Tiso Blackstar v Steinhoff, two media houses won their court bid for access to Steinhoff's accounting records. This judgment marks another victory for the media because it upholds the media's right to information by considering their right to freedom [...]

By |2022-05-27T15:46:05+02:00May 10th, 2022|Categories: Access to Information|Tags: |
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Benatar v Black Academic Caucus

In Benatar v Black Academic Caucus, Professor Benatar lost his High Court application for access to the Black Academic Caucus' membership list, its office bearers, and other documents. This judgment explains how the courts assess applications for access to information [...]

By |2022-11-28T12:51:12+02:00December 15th, 2021|Categories: Access to Information|Tags: |
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Arena Holdings (Pty) Ltd t/a Financial Mail v South African Revenue Services

In Arena Holdings (Pty) Ltd t/a Financial Mail v South African Revenue Services (SARS), the court granted the Financial Mail an interim order to compel SARS to disclose certain tax records. The court held that certain sections of the Promotion [...]

By |2023-06-06T14:14:23+02:00November 16th, 2021|Categories: Access to Information|Tags: |
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Mani v The Information Officer Mintek

In Mani v The Information Officer Mintek, Mani made a request to the Information officer of Mintek in terms of PAIA to determine the source of an email containing defamatory information about her. The court ordered Mintek to provide [...]

By |2022-12-19T11:51:03+02:00January 22nd, 2021|Categories: Access to Information|Tags: , , |
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